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Divorce Questions & Answers
1 Answer | Asked in Divorce for New Jersey on
Q: Am I entitled to gains and/or losses from spouse's retirement accounts using QDRO? What is NJ statute # ? Thank you
Richard Diamond
Richard Diamond answered on Jul 29, 2021

The starting point is the language of your divorce settlement agreement. In most agreements, the lawyers agree to language that says that when dividing up defined contribution type assets (IRA's, 401K plans, etc) the gains and losses attributable to the marital portion will be shared by the... Read more »

1 Answer | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... Read more »

2 Answers | Asked in Divorce for Florida on
Q: I’m getting divorced, house is only in my name, I am selling ,paying husband off, does he have any say in the sale price

Mortgage is in my name I have made every payment, I did put him on the deed when I refinanced when realtor pulled the title she said my name was the only one on it but my ex is trying to tell me that he has just as much say as I do as far as price being excepted for selling

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

You do not say whether you are already in court for divorce or just planning. Either way, since his name is on the deed now he will need to sign the contract for sale. If you are in court and he is not being reasonable then you can ask the judge to intervene. If you are not in court then you will... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for Kentucky on
Q: I have been married 17 years. I live at Fedscreek, KY so how long and how much would a divorce cost. We are 39 years old

We also have 3 kids and we all live with his mom. We have a double wide and we're fixing it up to live up there together but he doesn't want to leave his mom and be a man and pay bills so he won't even fix the water or bathroom up there. It's not livable where we are renovating... Read more »

Timothy Denison
Timothy Denison answered on Jul 27, 2021

Impossible to say cost. Could be $1,000, could be 25,000. Depends on the amount of time necessary to get it resolved.

1 Answer | Asked in Divorce for Maryland on
Q: I just got divorced and we have a mortgage together with a living trust for our kids I live there and pay the payment

She wants her name off the mortgage what is the law about that because I don’t know if I can afford to tefinance

Mark Oakley
Mark Oakley answered on Jul 27, 2021

Is the deed to the house in the name of the living trust, or do you jointly own the house in your individual names? Upon divorce, real property owned by spouses as "tenants by the entireties" automatically converts to "tenants in common" ownership. Therefore, you would each... Read more »

1 Answer | Asked in Divorce and Estate Planning for Texas on
Q: Hello... how to separate a real estate from the marriage community property in TX?

My dad bought a property in TX and we are both in the title. I need to separate that property from marriage community property in case I get divorced. My wife is in agreement with this approach as my dad is the owner of the property and I am just in the title in case he passes. Is this something... Read more »

Elizabeth A. Sabol
Elizabeth A. Sabol answered on Jul 26, 2021

First, I'd want to know more about how the property was acquired in the first place. Are you sure it's community property? If it was given to only you as a gift even after marriage (eg, because your dad paid for 100% of the land but put you on the deed), it's still likely separate... Read more »

2 Answers | Asked in Divorce for Georgia on
Q: What if I forgot to submit the summons but the opposing still filed a response to motion to amend final order.

How will Court handle at hearing. Could opposing counsel bring up at hearing to have motion completely ignored?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Not filing a Summons is not fatal to a case - you can always file it now.

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for New York on
Q: Can I sell my half of a house co-owned with my ex-wire? We are both on the mortgage.

Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... Read more »

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2 Answers | Asked in Divorce for Georgia on
Q: In Fulton County Superior Court Family Division, if an individual I want served with a Motion to Modify Final Order...

has an attorney on record do I serve the attorney with the motion or serve the individual with the motion?

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

For a new modification case, you have to serve the other party personally.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have 50/50 physical & legal custody of my children. Can my ex move their school without my consent?

In our divorce papers she has final decision on education. They have been in the same school for years but she recently moved to a nearby county and wants them to go to school there. She never asked me, I found out from the kids. I asked her about it and she says she has final say and is moving... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 26, 2021

Your agreement should spell out whose school district controls where they go. In the absence of that, you probably both have the right to enroll them in school, based on the 50/50. You likely will not be able to resolve it through court before school starts, so unless you can prove there's a... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: Is there a template or instructions on a correct way to write and file a counterclaim to a disolution of marriage petiti

I am in illinois. I cannot find a form to fill out and file for a counterclaim to a dissolution of marriage petition anywhere. Is there any instructions for someone pro se could get some help with this?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 24, 2021

Is is identical to a Petition for Dissolution of Marriage, except it is called a Counter-Petition for Dissolution of Marriage. The parties are referred to as Petitioner and Counter-Respondent and Respondent and Counter-Petitioner. This is both in the caption and throughout the document.

If...
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1 Answer | Asked in Divorce for California on
Q: In a divorce, does my ex wife have to pay my debt accrued during marriage if she was never tied to my account in any way

I made all charges to the debt myself and never with her

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 24, 2021

Debt incurred during the marriage is considered community debt. Distribution of debt during a divorce has more to do with each party's respective ability to pay down that debt rather than about who incurred it during the marriage.

1 Answer | Asked in Divorce for Louisiana on
Q: I live in Louisiana and I’m trying to obtain a affidavit of facts form for divorce with minor children

The form has to have two witnesses and a notary signature

Mr. James Zitzmann
Mr. James Zitzmann answered on Jul 24, 2021

https://www.15thjdc.org/uploads/Affidavitfor103Divorcenochildren.pdf

1 Answer | Asked in Divorce for Maryland on
Q: My husband got the house in divorce settlement. He is selling got papers from realtor to sign so he can sell. Should I?

Will I be liable for any tax that may be owed?

Mark Oakley
Mark Oakley answered on Jul 24, 2021

You have to do what your agreed settlement terms require you to do, or you will be liable to him for his legal fees and other costs incurred to force you to do so under court order. So, to that end, if you are uncertain as to what you agreed to do, take your settlement agreement (or divorce... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: My soon to be ex wife has sent me a divorce complaint. I don't have a problem with anything in complaint.

She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... Read more »

Michael Andrew Conte
Michael Andrew Conte answered on Jul 23, 2021

The problem is what is in her request for judgment and whether you have all potential disputes resolved. If you have any outstanding disputes (child custody/support, alimony, equitable distribution of assets and/or debts), then you have to be very, very careful about what you sign. You should... Read more »

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3 Answers | Asked in Divorce for Georgia on
Q: What rights do I have if only married for 19 months and put out of the martial home

My husband owned the house prior to us getting married he has offered no assistance I was however able to get monies he owed me before he blocked account access . He insisted that I leave my job and draw SS benefits stating he was going to take care of us now he wants a divorce where does all of... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 23, 2021

Given the short length of the marriage, it is unlikely that he will have to give you any more money if you already recovered what you say he owed. You should contact an attorney about an uncontested divorce.

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1 Answer | Asked in Divorce and Estate Planning for California on
Q: Mom has dementia. Husband refuses to pay for care. How can she have access to community property to pay for her care?

Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »

Julie King
Julie King answered on Jul 22, 2021

I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.

Community property is property that was earned during marriage (assuming there is no...
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2 Answers | Asked in Divorce for New York on
Q: I was served a summons with notice in NY for a divorce. I missed deadline of 20 days thinking it was 30. What can I do?
Howard E. Knispel
Howard E. Knispel answered on Jul 22, 2021

Likely the other side has not filed for default yet. You can still file an appearance without a problem if you hurry. Even if they file for default, the courts are reluctant to give defaults in divorce cases.

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1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: I've had my son living with me fir 4 months now and i want custody she has no job no home no way yo take care of him
Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

You should file a motion for a change of custody.

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